The Bozeman weekly chronicle. (Bozeman, Mont.) 1883-1889, 1887-11-09

and T. J. Lynde & Co., set for Nov. 16tl
The judge being quite i'll, court wa
adjourned from half past two in tn
afternoon until nine O'Clock Tuesda.
morning.
We present herewith, as much as oil
limit of time will allow, of the judgei
charge to the grand jury. We regre
that we cannot print it all, as it contain
much of interest, besides being an ably
written document.
JUDGE M'LEARy's CHARGE.
Gentlemen Of the Grand Jury Of Gal'ati,
County:
You have been chosen by the county
commissioners of Gallatin county to dis
charge a most onerous and important
duty in the administration of justice.
You should bling to your. task clear
heads, SOUND hearts and willing hands,
and zee to it that no stone remains I'M
turned in your endeavors to ferret opt
crime. 1t lies with you take the first
steps towards bringing criminals to JUS
tice. If you lack the nerve or moral
courage to do your whole duty, it is
needless for your county attorney to
labor in his Office from the rising to the
setting of the sun; it is vain for the
sheriff and his officers to scour the
county in making arrests; it is idle for
the judge to bring TO bear all his vigi.
lance and attention in the trial of cases.
Without your cooperation criminals
must go unwhipped ofjustice and honest
people suffer the consequences of violat-
ed law.
Whenever a complaint has been made,
or may be laid before you, it is your
bounden duty, sanctioned by your SOL
emn cath, to make a careful and cunsci-
entious investigation. to explore every
venue which may lead you to the truth,
and, by your solemn accusations, put
every offender to his trial, before an
impartial jury of his country, that his
guilt or his innocence may be establish
ed in accordance with the forms of law,
which have been adopted for the preser-
walton of our property and lives. 1t is
not your duty to try cases, but only to
make investigations, and if you find
sufficient evidence to present indict-
ments. 1t is true you are allowed TO call
witnesses supposed to be friendly to the
accused, if you believe from what you
have already heard in evidence of some
intricate matter which you do not un-
derstand may thereby be made clear to
your mind. But in nc case should you
summon the accused before you las l
have known grand jurys to do in this
territory to tell his own tale for there
by You would give him an insight into
your proceedings, and facilitate his es-
cape and thwart the aims of justice. If
this were permissible there would be
little use in the requirements of the law
compelling yon to keep your proceed.
ings secret. Your indictment IS an ac-
cusation merely and amounts to this
only: That twelve of your number SOL
EMMY say upon their oaths that in their
| opinion, ifthe evidence which has been
adduced before them remains unex-
planned or uncontradicted, a trial jury
should convict the accused.
The oath which you have all just TAX
en- outlines your duties in regard toyour
presentment of indictments; and it re
quires no more than any conscientious
man would do without its sanction. But
you are to keep it continually in view,
and, in your labors, act up to it,
like a builder who is guided by
his plummet in erecting a wall. You
remember that it reads as follows: "You
and each of you" &c. &C., y n
Ponder it well, gentlemen, write it on
the tablets of your memory, and apply
it to every case which you are called
upon to consider and the people OF
ol your denperations to the tribunals oil
your W consciences, and you to answer
for the manner in which you have done
your duty to God alone. am sure an
honest and faithful discharge of your
duties will result from a due consider.
alton of your obligations to your country.
One of your members will be appoint
cd by the cur to be your foreman, and
he will preside nver you in yonr DELHI
erations, and see that they are conduct
ed in Il decorons and orderly manner
and that the result thereof is duly and
properly made known to the court. He
has the authority TO issue subp9nas and
to swear witnesses when they are in at
tendance, and to do such other things
as the statue may prescribe.
(The Judge then exhaustiyely inform
ed the Jury of their duties and the pun
ishment of any grand juror who dis
obeys these rcquirements.)
For some reason, best known to the
legislature, there are a few laws on the
the statute books which the judges are
required to give especially in charge to
the grand jury. The law prohibiting
officers from dealing in public securities;
against selling liquor to Indians ; the
law prohibiting the circulation of pri-
vate bills or notes as money ; law pro-
viding for the protection of game, &c. =;
law against carrying deadly weapons
concealed or to display the same in a
threatening manner
(The judge asked the jury to give
especial attention to the county